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Probate and will help..

I’m looking for a bit of advice and a friend advised to post on here, hope someone can shed a little light on my problem.

Here goes….

In 1983 my father passed away, later in 1985 my mother lost her fight with cancer and passed away in the September. At this point I only knew my mothers brother who lived abroad (lets call him J), I wasn’t aware she had any other family. I’d been told that following her death that I would move abroad and live with my uncle (I was 10 years old at the time). A few days after her death a lot of people turned up at the house, it turned out my mother also had another two brothers and two sisters, whilst this would obviously raise the question of where they had been over the 10 months she had been fighting breast cancer, as I said I was I only 10 at the time.

I ended up being sent to live with one of my mother’s brothers who I had just met that day and ended up living there till I was 16 at which time I was thrown out. I approached my uncle J who I knew was my legal guardian even though I didn’t live with him and asked what my options were. I was 16 at the time and he said I had two choices, go into social care or he’d move me abroad to live with his ex partner. I knew he controlled the money that my mother had left and that would be paid to me on my 18th birthday so I asked about accessing it so I could find somewhere to live, I was half way through my exams at school at the time and being moved abroad would have caused several problems. He said if I got myself a solicitor he would arrange to have a weekly allowance paid to my through the solicitor so as a 16 year old kid I walked into a solicitors office and put things in place. I lived at my rented flat till I reached 18 where at which time I received a cheque for the balance of my trust fund, the amount was far less than I was expecting it to be but I was a daft 18 year old and didn’t question anything.

As in life the older you get the more you look back at things and last year I started to investigate my past a little more. I obtained a copy of my mothers will and probate and this is where it gets interesting. At the time of my mothers death I know she had at least a few thousand pounds in her personal account, which I assume will have been used for her funeral. The house sold for £47k and the probate lists £47k gross and a figure of £40k being placed into trust. Shortly after she died and the other members of family appeared, they took a large amount of possession from my our house, televisions, expensive camera equipment, white goods items and my mothers car. I had assumed these had been sold and the proceeds added to the trust however the figures don’t add up. I’ve asked my uncle J (my legal guardian and executor of my mother will) to shed some light on things but he wont discuss it or acknowledge my emails. When i contacted my mothers solicitors they told me they couldn’t discuss things without the authorisation of the executor, my uncle J, who clearly doesn’t want me dragging up the past.

I appreciate I should have challenged this matter many years ago however following my mothers death and then being moved to an unfamiliar environment I guess I just buried things……. has anyone any advice on how I can investigate this matter as it would appear a lot of money left the trust before my 18th birthday, and also there is no record of where my mother & fathers possessions went.

Thanks
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Comments

  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    I would instruct a solicitor to obtain the information you want. If there is any wrongdoing in this case it doesnt matter what your age was or the time that has passed and you could then take the matter further if you wish

    Rob
  • Thanks for your reply rob… I contacted the solicitors directly and received a reply today. They have said they will not look into the matter or release any documentation to me as my uncle J is their client, I’ve argued that it was my mothers will and it would appear that it was not executed in the manner she requested but they have stuck to their guns… would a solicitor be able to get any answers?
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    Neil,

    They are quite correct in their actions as they are your uncle is their client and this would cause a conflict. You should find your own solicitor and instruct him to contact your uncles solicitors asking for copies of the will and if they then wont supply them take the matter to the civil court who can order them to release the will. Out of interest I am assuming probate was granted in this case? If so then you could attend the probate court where it was granted and obtain a copy of the probate which should include a copy of the will

    Rob
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    The will is a matter of public record and can be obtained from the Probate Office for a small fee.

    You don't want a copy of it but a copy of the estate accounts to show that its provisions have been carried out.
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    Yes that was what I meant however a copy of the will would be required to check what gifts were left and to whom. Without the will you cannot tell from the accounts whether it has been administered correctly

    Rob
  • Thanks for the feedback… I obtained a copy of the will and probate late last year, the will is very standard and simply states that my uncle and his ex wife are appointed as my guardians, and that my uncle and a solicitor are appointed as trustees to…

    Hold the whole of the my estate on trust either to retain or sell it on the following trusts..
    • to pay debts and exercutorship expenses
    • to divide the residue equally among those of my children who survive me and reach eighteen

    There is no mention of any items or money being bequeathed to anyone else aside from myself and my sister. The probate simply lists a figure of £47k gross (the amount the house sold for) and then an after tax amount of £40k.

    My parents had quite a large house and my father was a bit of a technology buff, at the time of my mothers death there were several tv’s, vcr’s, a lot of camera equipment and my mothers car. Whilst these items are every day things nowadays back in 1985 there would have had a very high value.

    Dzug1… you mentioned estate accounts, how would I go about obtaining these?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    my uncle and a solicitor are appointed as trustees to…

    Hold the whole of the my estate on trust either to retain or sell it on the following trusts..

    • to pay debts and exercutorship expenses
    • to divide the residue equally among those of my children who survive me and reach eighteen
    I would ask the solicitor trustee for the accounts of the trust

    if there is an issue with the starting value of the trust then you need the estate accounts
  • my uncle and a solicitor are appointed as trustees to…

    Hold the whole of the my estate on trust either to retain or sell it on the following trusts..
    • to pay debts and exercutorship expenses
    • to divide the residue equally among those of my children who survive me and reach eighteen
    I would ask the solicitor trustee for the accounts of the trust

    if there is an issue with the starting value of the trust then you need the estate accounts


    I tried that... my uncle wont discuss the matter and the solicitors have advised that as my uncle is their client, they can not release anything with out his authority
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Neil1975 wrote: »
    I tried that... my uncle wont discuss the matter and the solicitors have advised that as my uncle is their client, they can not release anything with out his authority

    I would get that clarified by another solicitor if necessary,

    I the capacity as a trustee of your trust fund I don't think he can be a client of the uncle.
  • I’m a bit confused by all this, my mothers solicitors drafted the will and my uncle J and a lady from the firm who I assume was a solicitor were named as executors of the trust. When I wrote to the solicitors asking questions I received this reply….

    Dear Mr ####,

    I have read your letter. I’m afraid, as you already know, that we cannot assist you. Our obligation is always to our client. Our professional rules require us to keep all information received completely confidential, and there is no information we can release to you or discuss with you without our clients express consent.

    We cannot advise you in any way either, other than to suggest that you seek independent legal advice from solicitors of your choice. Moreover, we cannot enter into any further correspondence relating to this matter. Our position, and the reasons for it, is, I hope, quite clear.

    Yours sincerely,

    ##### ####

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